The Federal High Court in Abuja on Wednesday adjourned for the third time a suit filed by former Kaduna State Governor, Nasir El-Rufai, after ICPC agents searched his home in Abuja last month.
The matter had previously stalled on 3 and 11 March due to different early-stage challenges and was rescheduled to today (Wednesday).
However, the judge, Joyce Abdulmalik, again postponed the hearing on Wednesday after ICPC’s legal team requested a pause of the hearing to enable the lead lawyer for the agency to arrive from another court hearing.
The setback would still have occurred even if ICPC was ready for hearing as one of the respondents to the suit had no lawyer in court due to non-service.
Mr El-Rufai filed the suit in February demanding N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other defendants for an alleged violation of his rights following the search conducted at his home in Abuja on 19 February.
The rest of the defendants are a chief magistrate of the Federal Capital Territory (FCT) who issued the search warrant, the Inspector-General of Police and the Attorney-General of the Federation (AGF).
But since the filing of the suit on 20 February, the hearing has yet to commence despite repeated rescheduling.
On 3 March, hearing stalled because Mr El-Rufai’s lawyers had yet to serve the respondents with his filings.
The court then postponed hearing until 11 March, when proceedings stalled again to allow parties to regularise their filings.
Ms Abdulmalik then picked today (Wednesday) for hearing.
But when case was called at about 11 a.m. on Wednesday, Isaac Akwo, the lawyer who appeared for the ICPC, requested the judge to halt proceedings briefly till 12 p.m.
Mr Akwo said the pause was to enable the lead lawyer for the ICPC, Abdul Mohammed, to return from a Supreme Court proceeding.
Lawyers representing the rest of the parties, except the chief magistrate, were present. Ugochukwu Nnakwu represented Mr El-Rufai; R.N. Maiguru appeared for the IGP, and Chima Chidi Augustine for the AGF.
Responding to Mr Akwo’s request for a break, the judge said she had a meeting to attend and “cannot” grant the request.
She then inquired about the second respondent (the chief magistrate).
Responding, Mr Nnakwu, who appeared for Mr El-Rufai, told the court that “the second respondent had not yet been served” and that he had filed a substituted service application in that regard.
Mr Nnakwu was already moving the application, when the judge interrupted, asking him to specify the particular chief magistrate mentioned in the application. “You are supposed to include his name in your application,” the judge said.
Mr Nnakwu acknowledged and requested a date to regularise the application.
On the other hand, lawyers for the other respondents also informed the court that they had filed counter-affidavits.
The judge ordered that a hearing notice be served on the second respondent and adjourned the matter until 31 March for the hearing of Mr El-Rufai’s substituted service application.
El-Rufai and the odds against him
Mr El‑Rufai, who has been detained by the ICPC since 19 February, is facing intense scrutiny chiefly focusing on his activities as the Kaduna State governor, a position he held between May 2015 and May 2023.
ICPC arraigned him before the Federal High Court in Kaduna on corruption charges on Tuesday. The court ordered him to remain in ICPC’s custody pending the hearing of his bail application scheduled for 31 March.
Another corruption case filed by the ICPC, which has yet to be scheduled for arraignment, is pending against him at the Kaduna State High Court in Kaduna, the state capital.
Mr El-Rufai, who faces a separate corruption investigation by the Economic and Financial Crimes Commission (EFCC), an anti-corruption agency that detained him for two days before passing him to the ICPC, has described the swirling scrutiny by the authorities as political persecution.
Another case is pending against him at the Federal High Court in Abuja. The charges stemmed from his claim on a live television programme in February that he, with someone, tapped into the National Security Adviser Nuhu Ribadu’s phone call ordering his arrest.
Mr El-Rufai backed President Bola Tinubu to win the 2023 presidential election. But their alliance fell apart after the president initially nominated him as a minister and the appointment was controversially scuttled at the Senate over “security” concerns.
The N1 billion rights suit
He filed the N1 billion fundamental rights enforcement suit on 20 February following his detention and the reported search of his house in Abuja.
In the suit, he asked the court to declare that the search warrant issued on 4 February by a chief magistrate in the FCT, which authorised the search and seizure at his residence, was invalid, null and void.
He said the search violated his rights to dignity, personal liberty, fair hearing and privacy, and sought an injunction restraining the respondents from using evidence seized during the search.
He prayed the court to order the return of all seized items and award N1 billion in general, exemplary, and aggravated damages.
However, the ICPC opposed the suit, arguing in a counter-affidavit that it received a petition against El‑Rufai and acted under statutory powers to investigate, arrest, and prosecute offenders.
The police further said in its own counter affidavit that the search was conducted under a warrant issued by a competent court.
